A document from the Independent National Electoral Commission (INEC) has revealed fundamental flaws in the composition of the current leadership of the African Democratic Congress (ADC) led by former Senate President David Mark.
The memo dated August 6, 2025, was in respect of a communication between ADC and INEC regarding the meetings that produced the party’s caretaker committee.
It contained a submitted list of the caretaker committee, the National Working Committee (NWC), and the zonal officers of the ADC, as ratified at the ADC meeting of July 2025, as well as the minutes of the party’s 99th National Executive Committee (NEC) meeting of July 29, 2025.
According to the memo signed by Deputy Director, Election Party Monitoring Committee (EPMC), Joan Arabs, ADC did not give the required 21 days’ notice to the commission in respect of the meeting that produced the caretaker committee, nor provide any records of the meeting.
Arabs, in the memo to the chairman of EPMC, pointed out that failure to serve such notice violated Section 82(5) of the Electoral Act, and as such rendered it invalid.
The memo read, “The provision of section 82(1) of the Electoral Act 2025 is clear on which of the activities of political parties requires the mandatory 21 days’ notice.
“Every registered political party shall give the Commission at least 21 days’ notice of any convention, congress, conference, or meeting convened for the purpose of ‘merger and electing members of its executive committees, other governing bodies or nominating candidates for any elective offices specified under this Act’.
“The emphasis here is placed on what the gathering, by whatever name it is called, seeks to achieve. Section 82(5) made it clear that failure to give the notice stipulated in 82(1) renders the activity invalid.
“The ADC gave the Commission the Notice of the NEC meeting held on July 29, 2025 that ratified the resolutions of the National Working Committee (NWC) but neglected to give notice of the meeting where those resolutions were made.
“The party did not state the effective date the appointed caretaker takes effect from the communications of the party. It is not within the powers of the commission to impose upon any political party when and how to activate the implementation of its decisions and resolutions.”
Besides, the deputy director informed the chairman that ADC had not forwarded the specimen signatures of the caretaker chairman and secretary.
Accordingly, Arabs recommended, “That the commission await the submission of the names and specimen signatures of the supposed new leadership of the African Democratic Congress and the proposed effective take off date.”
By the memo, ADC had in the letters dated July 29, 2025 forwarded the said documents relying on the provisions of Articles 19(12)(vii) and 19(14)(N,O,P&S) of the party’s 2022 constitution.
The 2022 amended constitution, in Article 19{12){vii), empowers the caretaker committee to exercise all the powers and perform all the functions of NEC, pending the next meeting of NEC for ratification.
Other provisions of the articles allowed the caretaker committee to exercise powers and functions as may be vested in it by the National Convention, pending the next national convention; ratify all the decisions and resolutions of the National Working Committee; and ratify the dissolution of any state executive and constitution of Interim or careteker committee as the NWC might recommend.
The deputy director observed that ADC had, in the said letters, stated that it was officially submitting the names of the caretaker National Working Committee and zonal executives that were ratified by its NEC.
Arabs stated, “This goes to show that the appointment of the caretaker committee was not the product of the NEC or decision taken at the NEC meeting but outside which the NEC has the power to ratify.
“Paragraph 8 of the minutes of the NEC meeting at folio 83 states that, ‘the report of the NEC Mandated NWC was read, and the NEC ratified the resolutions adopted at the NWC meeting held on July 2, 2025, which included the decision to constitute a caretaker Committee to manage the party’s affairs considering the coalition process and internal restructuring’
“It is worth noting that for any action or activity to be ratified, it would have taken place prior to the date of the ratification. There is no record of the appointment of the caretaker committee of the African Democratic Party with the commission that requires ratification has claimed by the executives of the party.”
